Marriage date is after date we can file

[payxibka 10,047]

Now I am getting confused. If his marriage date is prior to his green card initial date, can forget about that, so just consider the 3rd anniversary date of his green card. USCIS says he can apply 90 days prior to the 3rd anniversary of his green card that means you can apply even though you have not been a LPR for three years yet, but three years minus 90 days. N-400 processing is much faster now, a couple of years ago it was over 18 months with many applications taking over two years. So that 90 day pre-3rd anniversary date wasn't enough. See some now getting their interview today prior to their 3rd year anniversary date, but they have to wait until that 3rd anniversary date passes before they can get their certificate.

As long as you have been married prior to getting that green card, can just base your application date on your 3rd anniversary and meet the three year marriage requirement.

If say you did get married a week after getting a green card, would have to wait an extra week before applying.

The OP is confused... They are calculating the correct eligibility date (05.03.10) but then they subtract the 90 days for the application window (02.05.10) they are then comparing that date (02.05.10) to there marriage date (02.14.10). Why they are making this comparison of these two dates I am not sure

Edited January 26, 2010 by payxibka

[a&o 4]

Why they are making this comparison of these two dates I am not sure

Because a requirement for filing is that you are married for three years. So although the 90-day window before the three year anniversary of permanent residency opens up, we have at that point not yet been married for a full three years.

[payxibka 10,047]

Because a requirement for filing is that you are married for three years. So although the 90-day window before the three year anniversary of permanent residency opens up, we have at that point not yet been married for a full three years.

your eligibility date and the date the application window opens (90 days prior to your eligibility date) are two different things.... do not confuse the two.

[NickD 203]

Because a requirement for filing is that you are married for three years. So although the 90-day window before the three year anniversary of permanent residency opens up, we have at that point not yet been married for a full three years.

But you will be married for the three full years at the time you have been a LPR resident for three years. As long as you got married before the initial date of your LPR, you will be fine.

[NickD 203]

Could add, if we got our conditional cards as quick as you did, my step daughter would have been under 18 years of age and automatically received her USC under her mother. But due to that long delay, she barely turned over 18, has to wait another two years, and another three long trips, and another 675 bucks.

The processing dates shortly after 9/11 with the new then APA that no one understood gave new meaning to the word, "eternity" for processing dates.

[NickD 203]

Could add, if we got our conditional cards as quick as you did, my step daughter would have been under 18 years of age and automatically received her USC under her mother. But due to that long delay, she barely turned over 18, has to wait another two years, and another three long trips, and another 675 bucks. The processing dates shortly after 9/11 with the new then APA that no one understood gave new meaning to the word, "eternity" for processing dates.

One long trip for biometrics, another for the interview, and the third for the oath ceremony unless our field office gets a new manager that will okay the same day oath. She is in college now and really can't afford to miss class, when she is on break, so is the USCIS.

And this damn country still can't make up their mind if a child becomes an adult at 18 or 21. But as far as we are concerned, she is still a dependent, but they don't consider that at all. At least our health insurance company considers her as dependent as long as we are supporting her and paying her tuition bills, but do have a cutoff date of 25 years of age.

I don't know, maybe we will just wait until she finishes college, and if you are concerned, just can wait another three months, he is still here legally and that is really what counts the most.

It's taking us years to bring my wife's over 21 year old unmarried son here, here the USCIS says 21, least it's not 18, wife is worried sick about him, but they, the USCIS doesn't give a damn.

Sorry, I feel the urge to vent, but we certainly have some strange laws with no consideration given to human beings nor their hardships.

[a&o 4]

Yikes, you have not had an easy time of it at all! I'm sorry to hear it's been such a long and exhausting process. I have no idea why it all went quickly for us: no rhyme or reason to that. They should definitely speed things up for children and dependents over anyone else.

[lucyrich 20]

But you will be married for the three full years at the time you have been a LPR resident for three years. As long as you got married before the initial date of your LPR, you will be fine.

I think what you're missing is that the 90 day shortcut only applies to the length of time you've been an LPR, not to the length of the marriage. From the box at the bottom of page 22 of the M-476:

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements whenyou file your application with USCIS.

See the bold text. At the "three years less 90 days of LPR" date, they would not have been married to and living with the US Citizen spouse for a full three years. You can't mail the application before you have completed a full three years of marriage. There's no 90 day shortcut allowed on that matter, like there is on the three years LPR requirement.

[NickD 203]

I think what you're missing is that the 90 day shortcut only applies to the length of time you've been an LPR, not to the length of the marriage. From the box at the bottom of page 22 of the M-476:

If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements whenyou file your application with USCIS.

See the bold text. At the "three years less 90 days of LPR" date, they would not have been married to and living with the US Citizen spouse for a full three years. You can't mail the application before you have completed a full three years of marriage. There's no 90 day shortcut allowed on that matter, like there is on the three years LPR requirement.

Hate when I give bad advice, this time I did. According to that rule because of their marriage date the earliest they can apply would be 2/14/07 plus three years or 2/14/10.

Not knowing the precise date on the green card, but has to be earlier than 5/12/07 when the card was received, that gives the earliest date of 5/12/10 minus the 90 days or 2/12/2010. So we are comparing the earliest 3 year marriage date of 2/14/2010 with the earliest LPR date of 2/12/2010 or only a couple of days error.

A greater error if the initial date on his green card is earlier, heck, send it in 2/22/2010, you will be fine.

But, and big but at that, if you field office has the same day oath ceremony, and your interview is held before his 3rd LPR anniversary, would have to make a second trip. And from posts here, that is when it seems like applications get misplaced. If this is the case, better to add at least a month before you send in your application. It's not the interview date that counts, it's that oath ceremony day.